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MONTREAL /CNW/ - The James Bay Crees publicly state that a significant portion of their traditional territory overlaps with the traditional territory of Inuit in Nunavik, north of the 55th parallel in and around Québec. Therefore, until Cree/Inuit rights are resolved in overlapping regions, no new government structure (outside of any communities) in such regions can be established without Cree consent.

In a joint Brief to the Nunavik Commission on self-government, submitted by Grand Chief Dr. Ted Moses of the Grand Council of the Crees (Eeyou Istchee) and Chief David Masty of the Whapmagoostui Cree First Nation, it is declared that the Crees continue to possess self-government and other rights in an extensive area north of the 55th parallel. Cree traditional territory not only overlaps with the territory of Nunavik in northern Québec, but also extends into the off-shore. This historical and constitutional reality must be fully recognized and respected in any self-government arrangements being planned for Nunavik.

The Cree leaders wish to underline that the Nunavik Commission does not represent the James Bay Cree People in any way whatsoever or for any purpose. "We did not participate in, or endorse in any way, the creation of the Commission. Our appearance before this Commission does not constitute a recognition of any rights or jurisdiction of others over the James Bay Cree People or our traditional territory, Eeyou Istchee", declared Grand Chief Ted Moses.

Furthermore, the mandate and process of the Nunavik Commission is heavily biased against the James Bay Cree People and Cree rights. No Aboriginal peoples, other than Inuit, were accorded any role in negotiating the mandate or process of the Commission. This omission is astounding, since consultations are to be undertaken and recommendations made concerning Cree basic rights.

All Commissioners represent parties with their own rights, jurisdiction and interests in Nunavik to protect. Commission members, appointed solely by the federal and Québec governments and the Nunavik Party, are basically mandated to recommend self-government arrangements in those parts of Nunavik that are an integral part of Eeyou Istchee. This unfairness directly impacts on Cree self-government and other rights.

Critical issues affecting self-government in Nunavik were never disclosed or explained to the Inuit communities consulted by the Commission. These undisclosed matters include Québec's pre-conditions of subjugating any new self-government institution to the "sovereignty of the National Assembly", as well as requiring respect for the "territorial integrity of Québec" and the "effectivity" or "effective control" of the Québec government. In this context, it is disturbing that the Commission chose not to engage the services of any independent legal counsel during the community consultation process. Instead, the Commissioners relied upon the opinion of lawyer and Co-Chair André Binette.

Mr. Binette was appointed to the Commission by the Québec government and could not provide impartial legal advice. Yet he placed himself in a position of serious conflict of interest, by in effect acting as legal counsel to the Commission when legal questions arose. Cree leaders state: "...it is not surprising that critical issues affecting Aboriginal peoples and the overall matter of self-government were not properly discussed or explained on an objective basis."

Chief David Masty and Elder Andrew Kawapit highlight the fact that the Inuit and Crees of the communities of Whapmagoostui and Kuujjuarapik have shared diverse resources for years and share common interests. They question how can the Inuit be negotiating self-government with Quebec respecting areas shared by both peoples. The people from Whapmagoostui state that the Crees or Eeyouch, are developing their own statement of self-government called the "Declaration of Eeyou Governance Principles" that will be the basis for the "Eeyou Constitution".

"The James Bay and Northern Quebec Agreement has not settled the issue of our inherent right to self-government. In 1975, when the JBNQA was negotiated, both Québec and Canada refused to discuss or negotiate self-government arrangements based on our inherent rights. To now impose the 55th parallel as a limit to our right of self-government would cause a huge injustice. We stand as one people in defence of our lands and in support of our right to self determination. We do not accept the Nunavik Commission insofar as it impacts in any way on Cree rights. We will not support or recognize its recommendations." Stated Grand Chief Dr. Moses.

Grand Chief Ted Moses and Chief David Masty made a joint presentation on these crucial issues before the Nunavik Commission on September 25, 2000 at the Clarion Hotel, 2100 de Maisonneuve W., in Montreal.